12 Miss. Code. R. 6-1.107

Current through December 10, 2024

Section 12-6-1.107 - Definitions

The words defined in this section shall have the meanings set forth below whenever they appear in the regulations, unless:

(1) The context in which they are used clearly requires a different meaning; or

(2) A different definition is prescribed for a particular chapter or provision.

(a) Agency - as defined in Section 31-7-1, Mississippi Code of 1972, Annotated.

(b) Agency Procurement Officer - any person duly authorized to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized representative acting within the limits of authority.

(c) Board - the Public Procurement Review Board (PPRB).

(d) Business - any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

(e) Certified Purchasing Office - any purchasing office in which 50% or more of the purchasing agents hold a certification from the Universal Public Purchasing Certification Council or other nationally recognized purchasing certification, and in which, in the case of a state agency purchasing office, in addition to the national certification, one hundred percent (100%) of the purchasing officials hold a certification from the State of Mississippi's Basic or Advanced Purchasing Certification Program.

(f)Change Order - a written order signed by the Agency Procurement Officer directing the contractor to make changes. The changes clause of the contract authorizes the Agency Procurement Officer to order change without the consent of the contractor.

(g) Chief Procurement Officer - the person holding the position as the Director of the Office of Purchasing, Travel and Fleet Management.

(h) Construction - the process of building, altering, improving, renovating or demolishing a public structure, public building, or other public real property. It does not include routine operation, routine repair or regularly scheduled maintenance of existing public structures, public buildings, or other public real property.

(i) Contract - all types of Mississippi agreements, regardless of what they may be called, for the procurement or disposal of commodities, equipment, services, or construction.

(j) Contract Modification - any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.

(k) Contractor - any person having a contract with a governmental body.

(l) Data - recorded information, regardless of form or characteristic.

(m) Designee - a duly authorized representative of a person holding a superior position.

(n) Employee - an individual drawing a salary from a governmental body, whether elected or not, and any non-compensated individual performing personal services for any governmental body.

(o) Governing Authority - as defined in Section 31-7-1, Mississippi Code of 1972, Annotated.

(p) May - denotes the permissive.

(q) Must - to be required or compelled to

(r) Person - any business, individual, union, committee, club, other organization, or group of individuals.

(s) Procurement - buying, purchasing, renting, leasing, or otherwise acquiring any commodities, equipment, services, or construction. It also includes all functions that pertain to the obtaining of any commodities, equipment, services, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

(t) Purchase - buying, renting, leasing or otherwise acquiring.

(u) Purchasing Agency - any governmental body other than the Office of Purchasing, Travel and Fleet Management which is authorized by regulations, or by way of delegation from the Chief Procurement Officer, to enter into contracts.

(v) Purchasing Agent - any administrator, superintendent, purchase clerk or other chief officer so designated having general or special authority to negotiate for and make private contract for or purchase for any governing authority or agency, including issue purchase orders, invitations for bid, requests for proposals, and receive and accept bids.

(w) Regulation - a governmental body's statement, having general or particular applicability and future effect, designed to implement, interpret, or prescribe law or policy, or describing organization, procedure, or practice requirements, which has been promulgated in accordance with Section 31-7-9, Mississippi Code of 1972, Annotated.

(x) Reverse Auction - an online auction in which sellers bid against each other to win a buyer's business. Typically used to purchase commodities from multiple pre-qualified providers. Also referred to as eAuction.

(y) Services - the furnishing of labor, time, or effort by a vendor or supplier, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements.

(z) Shall - denotes the imperative.

12 Miss. Code. R. 6-1.107

Amended 1/1/2018